HomeMy WebLinkAbout2011-01-05; Planning Commission; Resolution 6740PLANNING COMMISSION RESOLUTION NO. 6740
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 10-01 TO DEVELOP A TWELVE
3 UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE
CONDOMINIUM PROJECT ON A .70-ACRE INFILL SITE
4 GENERALLY LOCATED ON THE SOUTH SIDE OF
5 TAMARACK AVENUE, ADJACENT TO AND JUST WEST OF
THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY
6 WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: SEABREEZE VILLAS
8 CASE NO.: CT 10-01
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WHEREAS, Tony Sfreddo, "Owner/Developer," has filed a verified application
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with the City of Carlsbad regarding property described as
12 That portion of lot 6 in Block S of Palisades Number Two, in
the City of Carlsbad, County of San Diego, State of California,
13 according to Map Thereof No. 1803, filed in the office of the
County Recorder of San Diego County on August 25,1924
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Tentative Tract
17 Map as shown on Exhibits "A" - "N" dated January 5, 2011, on file in the Planning
18 Department SEABREEZE VILLAS - CT 10-01, as provided by Chapter 20.12 of the Carlsbad
19 Municipal Code; and
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WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly
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„» noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Tentative Tract Map.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES SEABREEZE VILLAS - CT 10-01, based on the following
findings and subject to the following conditions:
3
Findings:4
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that that the
7 airspace condominium units created through the tentative map satisfy all the
minimum requirements of Title 20 and have been designed to comply with other
° applicable regulations including the Planned Development Ordinance, Growth
o Management Ordinance, the Residential High Density (RH) General Plan Land Use
designation, and the Residential Density-Multiple (RD-M) Zone.
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2. That the proposed project is compatible with the surrounding future land uses since
11 surrounding properties are designated for Residential High Density (RH) development
on the General Plan, and are developed with multi-family projects immediately
adjacent to the project and single-family residences to the north across Tamarack
I -5 Avenue which would be compatible with the condominium project.
14 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
15 proposed, in that all required development standards and design criteria required by
the RD-M Zone, BAOZ, and Planned Development Ordinance are incorporated into
the project without the need for variances from development standards and the lot
1 7 coverage at 37%, is below the maximum 60% lot coverage allowed.
13 4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
19 public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned so that there are no conflicts with
established easements.
21 5. That the property is not subject to a contract entered into pursuant to the Land
22 Conservation Act of 1965 (Williamson Act).
23 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that units are designed
24 with large private patios/yards and balconies for most units to maximize the
exposure of each unit to natural light and ventilation.
2/: 7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
27 against the public service needs of the City and available fiscal and environmental
resources.
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8. That the design of the subdivision and improvements are not likely to cause substantial
2 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been previously graded and is surrounded by
3 existing development.
4 9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated January 5, 2011 including, but not limited to the following:
10 a) Land Use - The RH Land Use designation allows for the development of two-
11 family and multiple-family residential units within a density range of 15 - 23
dwelling units per acre (du/ac) and at a Growth Management Control Point
12 (GMCP) of 19 du/ac. At the RH GMCP, 13.3 dwelling units would be permitted
. - on this 0.70 acre property. The new 12-unit project has a proposed density of
17.01 du/ac, which is within the RH density range of 15 - 23 du/ac, but is 1.30
14 dwelling units below the GMCP of 19 du/ac. The GMCP is used for the purpose
of calculating the City's compliance with Government Code Section 65863.
15 However, consistent with Program 3.8 of the City's certified Housing Element,
all of the dwelling units, which were anticipated toward achieving the City's
share of the regional housing needs that are not utilized by developers in
approved projects, will be deposited in the City's Excess Dwelling Unit Bank.
This project will deposit 1.30 dwelling units into the Dwelling Unit Bank and
18 these excess dwelling units are then available for allocation to other projects.
Accordingly, there is no net loss of residential unit capacity and there are
adequate properties identified in the Housing Element allowing residential
?(, development with a unit capacity, including second dwelling units, adequate to
satisfy the City's share of the regional housing need.
21 b) Circulation - The project will take access off of Tamarack Avenue which has full
22 street improvements. On-site circulation consists of a private driveway which
will be designed in accordance with City standards.
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c) Noise - The project with the inclusion of a perimeter six foot tall block wall is
consistent with the 60 dBA CNEL exterior noise standard for required common
25 and private recreation space and is conditioned to incorporate noise mitigation
measures to ensure compliance with the 45 dBA CNEL interior noise standards.
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d) Housing - The project is consistent with the Housing Element of the General
27 plan and the Inclusionary Housing Ordinance as the applicant is proposing to
purchase two affordable housing credits in the Roosevelt Gardens Condominium
housing project.
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e) Public Safety - The project is required to provide an automatic fire sprinkler
2 system.
3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
r provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
6 facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to .provide proof from the Carlsbad Unified School
9 District that the project has satisfied its obligation for school facilities.
10 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
12 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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12. The project has been conditioned to pay any increase in public facility fee, or new
14 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
17 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
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14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
19 Code Section 14.28.020 and Landscape Manual Section I B).
20 15. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
22 preparation of environmental documents pursuant to Section 15332 (the project is
consistent with the General Plan as well as with the Zoning Ordinance, the project
site is within the City limits, is less than 5 acres in size, and is surrounded by urban
~. uses; there is no evidence that the site has value as habitat for endangered, rare, or
threatened species; approval of the project will not result in significant effects
25 relating to traffic, noise, air quality, or water quality; and the site can be adequately
served by all required utilities and public services) of the state CEQA Guidelines. In
26 making this determination, the Planning Director has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
_„ 16. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
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to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions:
4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading,
building, or final map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
7 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
° future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
10 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
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. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
13 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
14 different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
17 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
20 all requirements of law.
21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
23 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
24 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
-,, including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
27 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Tentative Map reflecting the conditions approved by the final decision-making body.
3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
6 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
9 Plan prior to the issuance of building permits.
10 10. This approval is granted subject to the approval of CDP 10-11 and PUD 10-03 and is
subject to all conditions contained in Planning Commission Resolutions No. 6741 and
6742 for those other approvals incorporated herein by reference.
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11. Building permits will not be issued for this project unless the local agency providing
13 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
14 time of the application for the building permit, and that water and sewer capacity and
, c facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
17 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
19 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
20 approval will not be consistent with the General Plan and shall become void.
71 13. Prior to the issuance of the final map, Developer shall submit to the City a Notice of
22 Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
23 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map, Coastal Development Permit, and
24 Planned Development Permit by Resolutions No. 6740, 6741 and 6742 on the property.
„<. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
26 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
27 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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1 1 14. Prior to the approval of the final map for any phase of this project, or where a map is not
2 being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase
3 two (2) affordable housing credits in the Roosevelt Gardens Condominium project
in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
c to the Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and
6 successors in interest.
7 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
9 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
• condition, free from weeds, trash, and debris.
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16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
12 project's building, improvement, and grading plans.
13 17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
14 Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
15 Director. At a minimum, the CC&Rs shall contain the following provisions:
17 a. General Enforcement by the City! The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
19 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
20 City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
21 within 30 days for the official record.
22 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
23 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
24 City shall have the right, but not the duty, to perform the necessary maintenance. If
the,City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
26 particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
27 giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
28 period specified by the City's notice, the City shall be entitled to cause such work to
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be completed and shall be entitled to reimbursement with respect thereto from the
2 Owners as provided herein.
3 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
4 the City shall submit a written invoice to the Association for all costs incurred by the
r City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
6 Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
9 payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
10 pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
12 against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
13 shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
14 levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
17 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
20"
21 a The HOA shall be responsible for the removal of graffiti within the property
boundaries. All graf
reported to the HOA.
boundaries. All graffiti shall be removed within five days once it has been
23 ..
18. This project is being approved as a condominium permit for residential homeownership
24 purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
requirement.
26 19. Prior to issuance of building permits, the Developer shall submit to the Planning Director
27 a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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20. If satisfaction of the school facility requirement involves a Mello-Roos Community
2 Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
3 then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
4 existence of the tax or fee, and that the school district is the taxing agency responsible for
f the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
6 fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
7
21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
9 or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
10
22. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
12 posted until ALL of the units are sold.
13 23. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
14 rnay be subject to noise impacts from the proposed or existing Transportation Corridor
(Tamarack Avenue and Railway Line), in a form meeting the approval of the Planning
Director and City Attorney (see Noise Form #1 on file in the Planning Department).
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24. Prior to building permit issuance, the developer shall submit a supplemental
17 acoustical analysis for the project due to the potential noise impacts identified in the
acoustical analysis report (prepared by Ldn Consulting, Inc., dated August 17,
2010) from Tamarack Avenue and the Railway Line. The project is required to
in implement the recommendations as outlined in the supplemental acoustical analysis
to ensure interior noise levels do not exceed 45 dB(A) CNEL. The report shall
20 certify that the building plans incorporate the required mitigation measures.
21 25. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.25
26 26. Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
27 recreational facilities.
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Engineering;
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map, building or
grading permit whichever occurs first.
General
28. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
29. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
30. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan and conceptual grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
31. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private
driveways, parking areas, utilities, walkways, landscaping, enhanced paving, water
quality treatment measures, low impact development features, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
32. Developer shall prepare, submit and process for city engineer approval a final map to
subdivide this project. There shall be one Final Map recorded for this project.
33. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
34. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
35. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
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36. Developer shall cause property owner to process, execute and submit an executed copy to
2 the city engineer for recordation a city standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
3 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
^ or the recordation of a final map, whichever occurs first for this project.
37. Developer shall cause property owner to apply for, execute, and submit, to the city
6 engineer for recordation, an Encroachment Agreement covering private storm drain
facilities, private eco-stone pavers and enhanced concrete driveway located over
7 proposed public right-of-way or easements as shown on the tentative map. Developer
shall pay processing fees per the city's latest fee schedule.
o
9 38. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
10 within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
j 2 provided by the city engineer.
13 Grading
14 39. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports, for city engineer review, and shall pay all
15 applicable grading plan review fees per the city's latest fee schedule.
17 40, Developer shall apply for and obtain a grading permit from the city engineer. Developer
shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
19 41. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
20 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
21 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or
23 Stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
24
42. Developer shall complete and submit to the city engineer a Project Threat Assessment
25 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
2/- developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
27 the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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43. This project is subject to 'Priority Development Project' requirements. Developer shall
2 prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
3 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
r ensure that runoff from impervious areas (roofs, pavement, etc) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
6 plan review and inspection fees per the city's latest fee schedule.
7 44. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
may impact how this project treats and/or retains storm runoff. Hydromodification
involves detailed site design and analysis to reduce the amount of post-development run-
9 off by mimicking the natural hydrologic function of the site, preserving natural open-
spaces and natural drainage channels, minimizing use of new impervious surfaces, and
10 promoting onsite infiltration and evaporation of run-off. During final design, developer
shall demonstrate compliance with storm water requirements to the satisfaction of the city
' * engineer.
12 45. Developer is responsible to ensure that all final design plans (grading plans, improvement
13 plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
14 (LID) facilities.
Dedications/Improvements
16
46. Developer shall cause owner to dedicate to the city and/or other appropriate entities for
17 public utility & utility access easement purposes as shown on the tentative map. the offer
shall be made by a certificate on the final map. All land so offered shall be free and clear
* ° of all liens and encumbrances and without cost to the city. Streets that are already public
, o are not required to be rededicated. Additional easements may be required at final design
to the satisfaction of the city engineer.
20
47. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
23 48. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
25 improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are
26 not limited to:
77 A. Sewer and potable water facilities.
28 Developer shall pay the standard improvement plan check and inspection fees.
PC RESO NO. 6740 -12-
21
Improvements listed above shall be constructed within 36 months of approval of the
2 subdivision or development improvement agreement or such other time as provided in
said agreement.
3
49. Prior to issuance of building permits, developer shall install separate sewer services to
4 each unit proposed by this tentative parcel map. Sewer services shall be provided to the
r satisfaction of the city engineer.
50. Developer shall design, and obtain approval from the city engineer, the structural section
6 for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
7 completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
9 Non-Mapping Notes
10
51. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision improvement agreement and has
12 posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
13 limited to:
14 1) Sewer and public water facilities.
15
B. Building permits will not be issued for development of the subject property unless the
16 appropriate agency determines that sewer and water facilities are available.
17
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
18 to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
2Q D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
21 arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
22 drainage system or other improvements identified in the city approved development
--, plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
24
Utilities
25
52. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
27 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
28
PC RESO NO. 6740 -13-
53. Developer shall design and construct public facilities within public right-of-way or within
2 minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
3 maintenance, access and/or joint utility purposes.
4 54. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
5
55. Developer shall install potable water services and meters at locations approved by the
" district engineer. The locations of said services shall be reflected on public improvement
7 plans.
g 56. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
9
57. The developer shall design and construct public water and sewer facilities substantially as
shown on the tentative map to the satisfaction of the district engineer and city engineer.
11
58. The developer shall provide separate potable water meters for each separately owned unit
12 within this subdivision.
^ Code Reminders:
14 The project is subject to all applicable provisions of local ordinances, including but not limited to
15 the following:
16 59. This tentative map shall expire two years from the date on which the planning
commission voted to approve this application.
I g 60. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
19 permit issuance, except as otherwise specifically provided herein.
90zu 61. Any signs proposed for this development shall at a minimum be designed in conformance
~, with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
22
62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
23 Code Section 18.04.320.
24 63. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
25 required by Chapter 20.44 of the Carlsbad Municipal Code.
26 64. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.27
28
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on January 5, 2011, by the following vote,
to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery and Schumacher
ABSENT: Commissioner Nygaard
ABSTAIN:
STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6740 -15-